Bill Text: OH SB119 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To require that domestic workers be paid the minimum wage, as provided in Section 34a of Article II, Ohio Constitution, to require that domestic workers be paid overtime wages, to make certain conduct directed toward a domestic worker an unlawful discriminatory practice, and to require a weekly day of rest for domestic workers.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2013-05-01 - To Commerce & Labor [SB119 Detail]

Download: Ohio-2013-SB119-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 119

Senator Tavares 

Cosponsors: Senators Skindell, Turner, Smith 

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A BILL

To amend sections 4111.02, 4111.08, 4111.10, 4111.14,

1

4112.01, and 4112.05 and to enact sections

2

4111.031 and 4112.024 of the Revised Code to

3

require that domestic workers be paid the minimum

4

wage, as provided in Section 34a of Article II,

5

Ohio Constitution, to require that domestic

6

workers be paid overtime wages, to make certain

7

conduct directed toward a domestic worker an

8

unlawful discriminatory practice, and to require a

9

weekly day of rest for domestic workers.

10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4111.02, 4111.08, 4111.10, 4111.14,	11
4112.01, and 4112.05 be amended and sections 4111.031 and 4112.024	12
of the Revised Code be enacted to read as follows:	13

Sec. 4111.02.  Every employer, as defined in Section 34a of	14
Article II, Ohio Constitution, shall pay each of the employer's	15
employees at a wage rate of not less than the wage rate specified	16
in Section 34a of Article II, Ohio Constitution except that every	17
domestic worker, as defined in section 4112.01 of the Revised	18
Code, shall be paid at a wage rate of not less than the greater of	19
the two wage rates calculated pursuant to or specified in Section	20
34a of Article II, Ohio Constitution.	21

The director of commerce annually shall adjust the wage rate	22
as specified in Section 34a of Article II, Ohio Constitution.	23

As used in this section, "employee" has the same meaning as	24
in section 4111.14 of the Revised Code.	25

Sec. 4111.031.  (A) As used in this section:

26

(1) "Domestic worker" has the same meaning as in section	27
4112.01 of the Revised Code.	28

(2) "Employer" means any person employing a domestic worker.

29

(B) No domestic worker shall be required to work more than	30
eight hours in a day for an employer. A domestic worker may work	31
for more than eight hours in a day if the domestic worker agrees	32
to work and is paid at an increased rate agreed upon by the	33
employer and the domestic worker for any amount of time worked in	34
that day in excess of eight hours.	35

(C) No domestic worker shall be required to work more than	36
forty hours in any week, or forty-four hours in a week if the	37
domestic worker resides in the home of the domestic worker's	38
employer, unless the domestic worker's employer compensates the	39
domestic worker at a rate that is at least one and one-half times	40
the worker's normal wage rate for any additional hours of work in	41
excess of forty hours or forty-four hours, as applicable.	42

(D) Every domestic worker shall be allowed at least	43
twenty-four consecutive hours of rest every calendar week. During	44
that period of rest the domestic worker shall not be required to	45
work for the employer. This rest period shall, whenever possible,	46
coincide with the traditional day reserved by the domestic worker	47
for religious worship. Except as provided in division (E) of this	48
section, a domestic worker's employer shall not be required to pay	49
the domestic worker for a period of rest described in this	50
section.	51

(E) In addition to the periods of rest required by division	52
(D) of this section, a domestic worker who has worked for the	53
domestic worker's employer for more than a year shall be entitled	54
to at least three days of rest in each calendar year for which the	55
domestic worker shall be compensated by the employer at the	56
domestic worker's normal wage rate.	57

(F) Nothing in division (D) of this section shall be	58
construed to prohibit a domestic worker from agreeing to work	59
during the domestic worker's period of rest as described in that	60
division, provided that the worker receives compensation for the	61
work at a rate of at least one and one-half times the domestic	62
worker's normal wage rate.	63

Sec. 4111.08.  Every employer subject to section 4111.03 or	64
4111.031 of the Revised Code, or to any rule adopted thereunder,	65
shall make and keep for a period of not less than three years a	66
record of the name, address, and occupation of each of the	67
employer's employees or domestic workers, the rate of pay and the	68
amount paid each pay period to each employee or domestic worker,	69
the hours worked each day and each work week by the employee or	70
domestic worker, and other information as the director of commerce	71
prescribes by rule as necessary or appropriate for the enforcement	72
of sectionsections 4111.03 and 4111.031 of the Revised Code, or	73
of the rules thereunder. Records may be opened for inspection or	74
copying by the director at any reasonable time.	75

Sec. 4111.10.  (A) Any employer who pays any employee or	76
domestic worker less than wages to which the employee or domestic	77
worker is entitled under section 4111.03 or 4111.031 of the	78
Revised Code, is liable to the employee or domestic worker	79
affected for the full amount of the overtime wage rate, less any	80
amount actually paid to the employee or domestic worker by the	81
employer, and for costs and reasonable attorney's fees as may be	82
allowed by the court. Any agreement between the employee or	83
domestic worker and the employer to work for less than the	84
overtime wage rate is no defense to an action.	85

(B) At the written request of any employee or domestic worker	86
paid less than the wages to which the employee or domestic worker	87
is entitled under section 4111.03 or 4111.031 of the Revised Code,	88
the director of commerce may take an assignment of a wage claim in	89
trust for the assigning employee or domestic worker and may bring	90
any legal action necessary to collect the claim. The employer	91
shall pay the costs and reasonable attorney's fees allowed by the	92
court.	93

Sec. 4111.14. (A) Pursuant to the general assembly's	94
authority to establish a minimum wage under Section 34 of Article	95
II, Ohio Constitution, this section is in implementation of	96
Section 34a of Article II, Ohio Constitution. In implementing	97
Section 34a of Article II, Ohio Constitution, the general assembly	98
hereby finds that the purpose of Section 34a of Article II, Ohio	99
Constitution, is to:	100

(1) Ensure that Ohio employees, as defined in division (B)(1)	101
of this section, are paid the wage rate required by Section 34a of	102
Article II, Ohio Constitution;	103

(2) Ensure that covered Ohio employers maintain certain	104
records that are directly related to the enforcement of the wage	105
rate requirements in Section 34a of Article II, Ohio Constitution;	106

(3) Ensure that Ohio employees who are paid the wage rate	107
required by Section 34a of Article II, Ohio Constitution, may	108
enforce their right to receive that wage rate in the manner set	109
forth in Section 34a of Article II, Ohio Constitution; and	110

(4) Protect the privacy of Ohio employees' pay and personal	111
information specified in Section 34a of Article II, Ohio	112
Constitution, by restricting an employee's access, and access by a	113
person acting on behalf of that employee, to the employee's own	114
pay and personal information.	115

(B) In accordance with Section 34a of Article II, Ohio	116
Constitution, the terms "employer," "employee," "employ,"	117
"person," and "independent contractor" have the same meanings as	118
in the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	119
U.S.C. 203, as amended. In construing the meaning of these terms,	120
due consideration and great weight shall be given to the United	121
States department of labor's and federal courts' interpretations	122
of those terms under the Fair Labor Standards Act and its	123
regulations. As used in division (B) of this section:	124

(1) "Employee" means individuals employed in Ohio, but does	125
not mean individuals who are excluded from the definition of	126
"employee" under 29 U.S.C. 203(e) or individuals who are exempted	127
from the minimum wage requirements in 29 U.S.C. 213 and from the	128
definition of "employee" in this chapter.	129

(2) "Employ" and "employee" do not include any person acting	130
as a volunteer. In construing who is a volunteer, "volunteer"	131
shall have the same meaning as in sections 553.101 to 553.106 of	132
Title 29 of the Code of Federal Regulations, as amended, and due	133
consideration and great weight shall be given to the United States	134
department of labor's and federal courts' interpretations of the	135
term "volunteer" under the Fair Labor Standards Act and its	136
regulations.	137

(C) In accordance with Section 34a of Article II, Ohio	138
Constitution, the state may issue licenses to employers	139
authorizing payment of a wage below that required by Section 34a	140
of Article II, Ohio Constitution, to individuals with mental or	141
physical disabilities that may otherwise adversely affect their	142
opportunity for employment. In issuing such licenses, the state	143
shall abide by the rules adopted pursuant to section 4111.06 of	144
the Revised Code.	145

(D)(1) In accordance with Section 34a of Article II, Ohio	146
Constitution, individuals employed in or about the property of an	147
employer or an individual's residence on a casual basis are not	148
included within the coverage of Section 34a of Article II, Ohio	149
Constitution. As used in division (D) of this section:	150

(a) "Casual basis" means employment that is irregular or	151
intermittent and that is not performed by an individual whose	152
vocation is to be employed in or about the property of the	153
employer or individual's residence. In construing who is employed	154
on a "casual basis," due consideration and great weight shall be	155
given to the United States department of labor's and federal	156
courts' interpretations of the term "casual basis" under the Fair	157
Labor Standards Act and its regulations.	158

(b) "An individual employed in or about the property of an	159
employer or individual's residence" means an individual employed	160
on a casual basis or an individual employed in or about a	161
residence on a casual basis, respectively.	162

(2) In accordance with Section 34a of Article II, Ohio	163
Constitution, employees of a solely family-owned and operated	164
business who are family members of an owner are not included	165
within the coverage of Section 34a of Article II, Ohio	166
Constitution. As used in division (D)(2) of this section, "family	167
member" means a parent, spouse, child, stepchild, sibling,	168
grandparent, grandchild, or other member of an owner's immediate	169
family.	170

(E) In accordance with Section 34a of Article II, Ohio	171
Constitution, an employer shall at the time of hire provide an	172
employee with the employer's name, address, telephone number, and	173
other contact information and update such information when it	174
changes. As used in division (E) of this section:	175

(1) "Other contact information" may include, where	176
applicable, the address of the employer's internet site on the	177
world wide web, the employer's electronic mail address, fax	178
number, or the name, address, and telephone number of the	179
employer's statutory agent. "Other contact information" does not	180
include the name, address, telephone number, fax number, internet	181
site address, or electronic mail address of any employee,	182
shareholder, officer, director, supervisor, manager, or other	183
individual employed by or associated with an employer.	184

(2) "When it changes" means that the employer shall provide	185
its employees with the change in its name, address, telephone	186
number, or other contact information within sixty business days	187
after the change occurs. The employer shall provide the changed	188
information by using any of its usual methods of communicating	189
with its employees, including, but not limited to, listing the	190
change on the employer's internet site on the world wide web,	191
internal computer network, or a bulletin board where it commonly	192
posts employee communications or by insertion or inclusion with	193
employees' paychecks or pay stubs.	194

(F) In accordance with Section 34a of Article II, Ohio	195
Constitution, an employer shall maintain a record of the name,	196
address, occupation, pay rate, hours worked for each day worked,	197
and each amount paid an employee for a period of not less than	198
three years following the last date the employee was employed by	199
that employer. As used in division (F) of this section:	200

(1) "Address" means an employee's home address as maintained	201
in the employer's personnel file or personnel database for that	202
employee.	203

(2)(a) With respect to employees who are not exempt from the	204
overtime pay requirements of the Fair Labor Standards Act or this	205
chapter, "pay rate" means an employee's base rate of pay.	206

(b) With respect to employees who are exempt from the	207
overtime pay requirements of the Fair Labor Standards Act or this	208
chapter, "pay rate" means an employee's annual base salary or	209
other rate of pay by which the particular employee qualifies for	210
that exemption under the Fair Labor Standards Act or this chapter,	211
but does not include bonuses, stock options, incentives, deferred	212
compensation, or any other similar form of compensation.	213

(3) "Record" means the name, address, occupation, pay rate,	214
hours worked for each day worked, and each amount paid an employee	215
in one or more documents, databases, or other paper or electronic	216
forms of record-keeping maintained by an employer. No one	217
particular method or form of maintaining such a record or records	218
is required under this division. An employer is not required to	219
create or maintain a single record containing only the employee's	220
name, address, occupation, pay rate, hours worked for each day	221
worked, and each amount paid an employee. An employer shall	222
maintain a record or records from which the employee or person	223
acting on behalf of that employee could reasonably review the	224
information requested by the employee or person.	225

An employer is not required to maintain the records specified	226
in division (F)(3) of this section for any period before January	227
1, 2007. On and after January 1, 2007, the employer shall maintain	228
the records required by division (F)(3) of this section for three	229
years from the date the hours were worked by the employee and for	230
three years after the date the employee's employment ends.	231

(4)(a) Except for individuals specified in division (F)(4)(b)	232
of this section, "hours worked for each day worked" means the	233
total amount of time worked by an employee in whatever increments	234
the employer uses for its payroll purposes during a day worked by	235
the employee. An employer is not required to keep a record of the	236
time of day an employee begins and ends work on any given day. As	237
used in division (F)(4) of this section, "day" means a fixed	238
period of twenty-four consecutive hours during which an employee	239
performs work for an employer.	240

(b) An employer is not required to keep records of "hours	241
worked for each day worked" for individuals for whom the employer	242
is not required to keep those records under the Fair Labor	243
Standards Act and its regulations or individuals who are not	244
subject to the overtime pay requirements specified in section	245
sections 4111.03 and 4111.031 of the Revised Code.	246

(5) "Each amount paid an employee" means the total gross	247
wages paid to an employee for each pay period. As used in division	248
(F)(5) of this section, "pay period" means the period of time	249
designated by an employer to pay an employee the employee's gross	250
wages in accordance with the employer's payroll practices under	251
section 4113.15 of the Revised Code.	252

(G) In accordance with Section 34a of Article II, Ohio	253
Constitution, an employer must provide such information without	254
charge to an employee or person acting on behalf of an employee	255
upon request. As used in division (G) of this section:	256

(1) "Such information" means the name, address, occupation,	257
pay rate, hours worked for each day worked, and each amount paid	258
for the specific employee who has requested that specific	259
employee's own information and does not include the name, address,	260
occupation, pay rate, hours worked for each day worked, or each	261
amount paid of any other employee of the employer. "Such	262
information" does not include hours worked for each day worked by	263
individuals for whom an employer is not required to keep that	264
information under the Fair Labor Standards Act and its regulations	265
or individuals who are not subject to the overtime pay	266
requirements specified in sectionsections 4111.03 and 4111.031 of	267
the Revised Code.	268

(2) "Acting on behalf of an employee" means a person acting	269
on behalf of an employee as any of the following:	270

(a) The certified or legally recognized collective bargaining	271
representative for that employee under the applicable federal law	272
or Chapter 4117. of the Revised Code;	273

(b) The employee's attorney;

274

(c) The employee's parent, guardian, or legal custodian.

275

A person "acting on behalf of an employee" must be	276
specifically authorized by an employee in order to make a request	277
for that employee's own name, address, occupation, pay rate, hours	278
worked for each day worked, and each amount paid to that employee.	279

(3) "Provide" means that an employer shall provide the	280
requested information within thirty business days after the date	281
the employer receives the request, unless either of the following	282
occurs:	283

(a) The employer and the employee or person acting on behalf	284
of the employee agree to some alternative time period for	285
providing the information.	286

(b) The thirty-day period would cause a hardship on the	287
employer under the circumstances, in which case the employer must	288
provide the requested information as soon as practicable.	289

(4) A "request" made by an employee or a person acting on	290
behalf of an employee means a request by an employee or a person	291
acting on behalf of an employee for the employee's own	292
information. The employer may require that the employee provide	293
the employer with a written request that has been signed by the	294
employee and notarized and that reasonably specifies the	295
particular information being requested. The employer may require	296
that the person acting on behalf of an employee provide the	297
employer with a written request that has been signed by the	298
employee whose information is being requested and notarized and	299
that reasonably specifies the particular information being	300
requested.	301

(H) In accordance with Section 34a of Article II, Ohio	302
Constitution, an employee, person acting on behalf of one or more	303
employees, and any other interested party may file a complaint	304
with the state for a violation of any provision of Section 34a of	305
Article II, Ohio Constitution, or any law or regulation	306
implementing its provisions. Such complaint shall be promptly	307
investigated and resolved by the state. The employee's name shall	308
be kept confidential unless disclosure is necessary to resolution	309
of a complaint and the employee consents to disclosure. As used in	310
division (H) of this section:	311

(1) "Complaint" means a complaint of an alleged violation	312
pertaining to harm suffered by the employee filing the complaint,	313
by a person acting on behalf of one or more employees, or by an	314
interested party.	315

(2) "Acting on behalf of one or more employees" has the same	316
meaning as "acting on behalf of an employee" in division (G)(2) of	317
this section. Each employee must provide a separate written and	318
notarized authorization before the person acting on that	319
employee's or those employees' behalf may request the name,	320
address, occupation, pay rate, hours worked for each day worked,	321
and each amount paid for the particular employee.	322

(3) "Interested party" means a party who alleges to be	323
injured by the alleged violation and who has standing to file a	324
complaint under common law principles of standing.	325

(4) "Resolved by the state" means that the complaint has been	326
resolved to the satisfaction of the state.	327

(5) "Shall be kept confidential" means that the state shall	328
keep the name of the employee confidential as required by division	329
(H) of this section.	330

(I) In accordance with Section 34a of Article II, Ohio	331
Constitution, the state may on its own initiative investigate an	332
employer's compliance with Section 34a of Article II, Ohio	333
Constitution, and any law or regulation implementing Section 34a	334
of Article II, Ohio Constitution. The employer shall make	335
available to the state any records related to such investigation	336
and other information required for enforcement of Section 34a of	337
Article II, Ohio Constitution or any law or regulation	338
implementing Section 34a of Article II, Ohio Constitution. The	339
state shall investigate an employer's compliance with this section	340
in accordance with the procedures described in section 4111.04 of	341
the Revised Code. All records and information related to	342
investigations by the state are confidential and are not a public	343
record subject to section 149.43 of the Revised Code. This	344
division does not prevent the state from releasing to or	345
exchanging with other state and federal wage and hour regulatory	346
authorities information related to investigations.	347

(J) In accordance with Section 34a of Article II, Ohio	348
Constitution, damages shall be calculated as an additional two	349
times the amount of the back wages and in the case of a violation	350
of an anti-retaliation provision an amount set by the state or	351
court sufficient to compensate the employee and deter future	352
violations, but not less than one hundred fifty dollars for each	353
day that the violation continued. The "not less than one hundred	354
fifty dollar" penalty specified in division (J) of this section	355
shall be imposed only for violations of the anti-retaliation	356
provision in Section 34a of Article II, Ohio Constitution.	357

(K) In accordance with Section 34a of Article II, Ohio	358
Constitution, an action for equitable and monetary relief may be	359
brought against an employer by the attorney general and/or an	360
employee or person acting on behalf of an employee or all	361
similarly situated employees in any court of competent	362
jurisdiction, including the court of common pleas of an employee's	363
county of residence, for any violation of Section 34a of Article	364
II, Ohio Constitution, or any law or regulation implementing its	365
provisions within three years of the violation or of when the	366
violation ceased if it was of a continuing nature, or within one	367
year after notification to the employee of final disposition by	368
the state of a complaint for the same violation, whichever is	369
later.	370

(1) As used in division (K) of this section, "notification"	371
means the date on which the notice was sent to the employee by the	372
state.	373

(2) No employee shall join as a party plaintiff in any civil	374
action that is brought under division (K) of this section by an	375
employee, person acting on behalf of an employee, or person acting	376
on behalf of all similarly situated employees unless that employee	377
first gives written consent to become such a party plaintiff and	378
that consent is filed with the court in which the action is	379
brought.	380

(3) A civil action regarding an alleged violation of this	381
section shall be maintained only under division (K) of this	382
section. This division does not preclude the joinder in a single	383
civil action of an action under this division and an action under	384
section 4111.10 of the Revised Code.	385

(4) Any agreement between an employee and employer to work	386
for less than the wage rate specified in Section 34a of Article	387
II, Ohio Constitution, is no defense to an action under this	388
section.	389

(L) In accordance with Section 34a of Article II, Ohio	390
Constitution, there shall be no exhaustion requirement, no	391
procedural, pleading, or burden of proof requirements beyond those	392
that apply generally to civil suits in order to maintain such	393
action and no liability for costs or attorney's fees on an	394
employee except upon a finding that such action was frivolous in	395
accordance with the same standards that apply generally in civil	396
suits. Nothing in division (L) of this section affects the right	397
of an employer and employee to agree to submit a dispute under	398
this section to alternative dispute resolution, including, but not	399
limited to, arbitration, in lieu of maintaining the civil suit	400
specified in division (K) of this section. Nothing in this	401
division limits the state's ability to investigate or enforce this	402
section.	403

(M) An employer who provides such information specified in	404
Section 34a of Article II, Ohio Constitution, shall be immune from	405
any civil liability for injury, death, or loss to person or	406
property that otherwise might be incurred or imposed as a result	407
of providing that information to an employee or person acting on	408
behalf of an employee in response to a request by the employee or	409
person, and the employer shall not be subject to the provisions of	410
Chapters 1347. and 1349. of the Revised Code to the extent that	411
such provisions would otherwise apply. As used in division (M) of	412
this section, "such information," "acting on behalf of an	413
employee," and "request" have the same meanings as in division (G)	414
of this section.	415

(N) As used in this section, "the state" means the director	416
of commerce.	417

Sec. 4112.01.  (A) As used in this chapter:

418

(1) "Person" includes one or more individuals, partnerships,	419
associations, organizations, corporations, legal representatives,	420
trustees, trustees in bankruptcy, receivers, and other organized	421
groups of persons. "Person" also includes, but is not limited to,	422
any owner, lessor, assignor, builder, manager, broker,	423
salesperson, appraiser, agent, employee, lending institution, and	424
the state and all political subdivisions, authorities, agencies,	425
boards, and commissions of the state.	426

(2) "Employer" includes the state, any political subdivision	427
of the state, any person employing four or more persons within the	428
state, any person employing a domestic worker, for purposes of	429
section 4112.024 of the Revised Code, and any person acting	430
directly or indirectly in the interest of an employer.	431

(3) "Employee" means an individual employed by any employer	432
but does not include, except for purposes of section 4112.024 of	433
the Revised Code, any individual employed in the domestic service	434
of any person.	435

(4) "Labor organization" includes any organization that	436
exists, in whole or in part, for the purpose of collective	437
bargaining or of dealing with employers concerning grievances,	438
terms or conditions of employment, or other mutual aid or	439
protection in relation to employment.	440

(5) "Employment agency" includes any person regularly	441
undertaking, with or without compensation, to procure	442
opportunities to work or to procure, recruit, refer, or place	443
employees.	444

(6) "Commission" means the Ohio civil rights commission	445
created by section 4112.03 of the Revised Code.	446

(7) "Discriminate" includes segregate or separate.

447

(8) "Unlawful discriminatory practice" means any act	448
prohibited by section 4112.02, 4112.021, or 4112.022, or 4112.024	449
of the Revised Code.	450

(9) "Place of public accommodation" means any inn,	451
restaurant, eating house, barbershop, public conveyance by air,	452
land, or water, theater, store, other place for the sale of	453
merchandise, or any other place of public accommodation or	454
amusement of which the accommodations, advantages, facilities, or	455
privileges are available to the public.	456

(10) "Housing accommodations" includes any building or	457
structure, or portion of a building or structure, that is used or	458
occupied or is intended, arranged, or designed to be used or	459
occupied as the home residence, dwelling, dwelling unit, or	460
sleeping place of one or more individuals, groups, or families	461
whether or not living independently of each other; and any vacant	462
land offered for sale or lease. "Housing accommodations" also	463
includes any housing accommodations held or offered for sale or	464
rent by a real estate broker, salesperson, or agent, by any other	465
person pursuant to authorization of the owner, by the owner, or by	466
the owner's legal representative.	467

(11) "Restrictive covenant" means any specification limiting	468
the transfer, rental, lease, or other use of any housing	469
accommodations because of race, color, religion, sex, military	470
status, familial status, national origin, disability, or ancestry,	471
or any limitation based upon affiliation with or approval by any	472
person, directly or indirectly, employing race, color, religion,	473
sex, military status, familial status, national origin,	474
disability, or ancestry as a condition of affiliation or approval.	475

(12) "Burial lot" means any lot for the burial of deceased	476
persons within any public burial ground or cemetery, including,	477
but not limited to, cemeteries owned and operated by municipal	478
corporations, townships, or companies or associations incorporated	479
for cemetery purposes.	480

(13) "Disability" means a physical or mental impairment that	481
substantially limits one or more major life activities, including	482
the functions of caring for one's self, performing manual tasks,	483
walking, seeing, hearing, speaking, breathing, learning, and	484
working; a record of a physical or mental impairment; or being	485
regarded as having a physical or mental impairment.	486

(14) Except as otherwise provided in section 4112.021 of the	487
Revised Code, "age" means at least forty years old.	488

(15) "Familial status" means either of the following:

489

(a) One or more individuals who are under eighteen years of	490
age and who are domiciled with a parent or guardian having legal	491
custody of the individual or domiciled, with the written	492
permission of the parent or guardian having legal custody, with a	493
designee of the parent or guardian;	494

(b) Any person who is pregnant or in the process of securing	495
legal custody of any individual who is under eighteen years of	496
age.	497

(16)(a) Except as provided in division (A)(16)(b) of this	498
section, "physical or mental impairment" includes any of the	499
following:	500

(i) Any physiological disorder or condition, cosmetic	501
disfigurement, or anatomical loss affecting one or more of the	502
following body systems: neurological; musculoskeletal; special	503
sense organs; respiratory, including speech organs;	504
cardiovascular; reproductive; digestive; genito-urinary; hemic and	505
lymphatic; skin; and endocrine;	506

(ii) Any mental or psychological disorder, including, but not	507
limited to, mental retardation, organic brain syndrome, emotional	508
or mental illness, and specific learning disabilities;	509

(iii) Diseases and conditions, including, but not limited to,	510
orthopedic, visual, speech, and hearing impairments, cerebral	511
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	512
cancer, heart disease, diabetes, human immunodeficiency virus	513
infection, mental retardation, emotional illness, drug addiction,	514
and alcoholism.	515

(b) "Physical or mental impairment" does not include any of	516
the following:	517

(i) Homosexuality and bisexuality;

518

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	519
voyeurism, gender identity disorders not resulting from physical	520
impairments, or other sexual behavior disorders;	521

(iii) Compulsive gambling, kleptomania, or pyromania;

522

(iv) Psychoactive substance use disorders resulting from the	523
current illegal use of a controlled substance or the current use	524
of alcoholic beverages.	525

(17) "Dwelling unit" means a single unit of residence for a	526
family of one or more persons.	527

(18) "Common use areas" means rooms, spaces, or elements	528
inside or outside a building that are made available for the use	529
of residents of the building or their guests, and includes, but is	530
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	531
rooms, mail rooms, recreational areas, and passageways among and	532
between buildings.	533

(19) "Public use areas" means interior or exterior rooms or	534
spaces of a privately or publicly owned building that are made	535
available to the general public.	536

(20) "Controlled substance" has the same meaning as in	537
section 3719.01 of the Revised Code.	538

(21) "Disabled tenant" means a tenant or prospective tenant	539
who is a person with a disability.	540

(22) "Military status" means a person's status in "service in	541
the uniformed services" as defined in section 5923.05 of the	542
Revised Code.	543

(23) "Aggrieved person" includes both of the following:

544

(a) Any person who claims to have been injured by any	545
unlawful discriminatory practice described in division (H) of	546
section 4112.02 of the Revised Code;	547

(b) Any person who believes that the person will be injured	548
by, any unlawful discriminatory practice described in division (H)	549
of section 4112.02 of the Revised Code that is about to occur.	550

(24) "Domestic worker" means a person employed in a home or	551
residence for the purpose of caring for a child; serving as a	552
companion for a sick, convalescing, or elderly person;	553
housekeeping; or for any other domestic service purpose. "Domestic	554
worker" does not include any of the following:	555

(a) An individual who is working on a casual basis, as	556
defined in section 4114.14 of the Revised Code;	557

(b) An individual who is engaged in providing companionship	558
services, as defined in the "Fair Labor Standards Act of 1938," 52	559
Stat. 1060, 29 U.S.C. 203, as amended, and who is employed by an	560
employer or agency other than the family or household for which	561
the individual is providing services;	562

(c) An individual who is a relative through blood, marriage,	563
or adoption of either of the following:	564

(i) The employer;

565

(ii) The person for whom the individual is providing services	566
under a program funded or administered by the federal or state	567
government or a local government.	568

(B) For the purposes of divisions (A) to (F) of section	569
4112.02 of the Revised Code, the terms "because of sex" and "on	570
the basis of sex" include, but are not limited to, because of or	571
on the basis of pregnancy, any illness arising out of and	572
occurring during the course of a pregnancy, childbirth, or related	573
medical conditions. Women affected by pregnancy, childbirth, or	574
related medical conditions shall be treated the same for all	575
employment-related purposes, including receipt of benefits under	576
fringe benefit programs, as other persons not so affected but	577
similar in their ability or inability to work, and nothing in	578
division (B) of section 4111.17 of the Revised Code shall be	579
interpreted to permit otherwise. This division shall not be	580
construed to require an employer to pay for health insurance	581
benefits for abortion, except where the life of the mother would	582
be endangered if the fetus were carried to term or except where	583
medical complications have arisen from the abortion, provided that	584
nothing in this division precludes an employer from providing	585
abortion benefits or otherwise affects bargaining agreements in	586
regard to abortion.	587

Sec. 4112.024.  It shall be an unlawful discriminatory	588
practice for an employer to do any of the following:	589

(A) Make unwelcome sexual advances, requests for sexual	590
favors, or engage in other verbal or physical conduct of a sexual	591
nature toward a domestic worker when any of the following apply:	592

(1) The domestic worker's submission to the conduct is made	593
either explicitly or implicitly a term or condition of the	594
domestic worker's employment.	595

(2) The domestic worker's submission to or rejection of the	596
conduct is used as the basis for employment decisions affecting	597
the domestic worker.	598

(3) The conduct is intended to unreasonably interfere, or has	599
the effect of unreasonably interfering, with the domestic worker's	600
work performance by creating an intimidating, hostile, or	601
offensive work environment.	602

(B) Subject a domestic worker to unwelcome harassment based	603
on race, religion, sex, or national origin if the harassment is	604
intended to unreasonably interfere, or has the effect of	605
unreasonably interfering, with the domestic worker's work	606
performance by creating an intimidating, hostile, or offensive	607
working environment.	608

Sec. 4112.05.  (A) The commission, as provided in this	609
section, shall prevent any person from engaging in unlawful	610
discriminatory practices, provided that, before instituting the	611
formal hearing authorized by division (B) of this section, it	612
shall attempt, by informal methods of conference, conciliation,	613
and persuasion, to induce compliance with this chapter.	614

(B)(1) Any person may file a charge with the commission	615
alleging that another person has engaged or is engaging in an	616
unlawful discriminatory practice. In the case of a charge alleging	617
an unlawful discriminatory practice described in division (A),	618
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in	619
section 4112.021 or, 4112.022, or 4112.024 of the Revised Code,	620
the charge shall be in writing and under oath and shall be filed	621
with the commission within six months after the alleged unlawful	622
discriminatory practice was committed. In the case of a charge	623
alleging an unlawful discriminatory practice described in division	624
(H) of section 4112.02 of the Revised Code, the charge shall be in	625
writing and under oath and shall be filed with the commission	626
within one year after the alleged unlawful discriminatory practice	627
was committed.	628

(2) Upon receiving a charge, the commission may initiate a	629
preliminary investigation to determine whether it is probable that	630
an unlawful discriminatory practice has been or is being engaged	631
in. The commission also may conduct, upon its own initiative and	632
independent of the filing of any charges, a preliminary	633
investigation relating to any of the unlawful discriminatory	634
practices described in division (A), (B), (C), (D), (E), (F), (I),	635
or (J) of section 4112.02 or in section 4112.021 or, 4112.022, or	636
4112.024 of the Revised Code. Prior to a notification of a	637
complainant under division (B)(4) of this section or prior to the	638
commencement of informal methods of conference, conciliation, and	639
persuasion under that division, the members of the commission and	640
the officers and employees of the commission shall not make public	641
in any manner and shall retain as confidential all information	642
that was obtained as a result of or that otherwise pertains to a	643
preliminary investigation other than one described in division	644
(B)(3) of this section.	645

(3)(a) Unless it is impracticable to do so and subject to its	646
authority under division (B)(3)(d) of this section, the commission	647
shall complete a preliminary investigation of a charge filed	648
pursuant to division (B)(1) of this section that alleges an	649
unlawful discriminatory practice described in division (H) of	650
section 4112.02 of the Revised Code, and shall take one of the	651
following actions, within one hundred days after the filing of the	652
charge:	653

(i) Notify the complainant and the respondent that it is not	654
probable that an unlawful discriminatory practice described in	655
division (H) of section 4112.02 of the Revised Code has been or is	656
being engaged in and that the commission will not issue a	657
complaint in the matter;	658

(ii) Initiate a complaint and schedule it for informal	659
methods of conference, conciliation, and persuasion;	660

(iii) Initiate a complaint and refer it to the attorney	661
general with a recommendation to seek a temporary or permanent	662
injunction or a temporary restraining order. If this action is	663
taken, the attorney general shall apply, as expeditiously as	664
possible after receipt of the complaint, to the court of common	665
pleas of the county in which the unlawful discriminatory practice	666
allegedly occurred for the appropriate injunction or order, and	667
the court shall hear and determine the application as	668
expeditiously as possible.	669

(b) If it is not practicable to comply with the requirements	670
of division (B)(3)(a) of this section within the one-hundred-day	671
period described in that division, the commission shall notify the	672
complainant and the respondent in writing of the reasons for the	673
noncompliance.	674

(c) Prior to the issuance of a complaint under division	675
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	676
of the complainant and the respondent under division (B)(3)(a)(i)	677
of this section, the members of the commission and the officers	678
and employees of the commission shall not make public in any	679
manner and shall retain as confidential all information that was	680
obtained as a result of or that otherwise pertains to a	681
preliminary investigation of a charge filed pursuant to division	682
(B)(1) of this section that alleges an unlawful discriminatory	683
practice described in division (H) of section 4112.05 of the	684
Revised Code.	685

(d) Notwithstanding the types of action described in	686
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	687
issuance of a complaint or the referral of a complaint to the	688
attorney general and prior to endeavoring to eliminate an unlawful	689
discriminatory practice described in division (H) of section	690
4112.02 of the Revised Code by informal methods of conference,	691
conciliation, and persuasion, the commission may seek a temporary	692
or permanent injunction or a temporary restraining order in the	693
court of common pleas of the county in which the unlawful	694
discriminatory practice allegedly occurred.	695

(4) If the commission determines after a preliminary	696
investigation other than one described in division (B)(3) of this	697
section that it is not probable that an unlawful discriminatory	698
practice has been or is being engaged in, it shall notify any	699
complainant under division (B)(1) of this section that it has so	700
determined and that it will not issue a complaint in the matter.	701
If the commission determines after a preliminary investigation	702
other than the one described in division (B)(3) of this section	703
that it is probable that an unlawful discriminatory practice has	704
been or is being engaged in, it shall endeavor to eliminate the	705
practice by informal methods of conference, conciliation, and	706
persuasion.	707

(5) Nothing said or done during informal methods of	708
conference, conciliation, and persuasion under this section shall	709
be disclosed by any member of the commission or its staff or be	710
used as evidence in any subsequent hearing or other proceeding.	711
If, after a preliminary investigation and the use of informal	712
methods of conference, conciliation, and persuasion under this	713
section, the commission is satisfied that any unlawful	714
discriminatory practice will be eliminated, it may treat the	715
charge involved as being conciliated and enter that disposition on	716
the records of the commission. If the commission fails to effect	717
the elimination of an unlawful discriminatory practice by informal	718
methods of conference, conciliation, and persuasion under this	719
section and to obtain voluntary compliance with this chapter, the	720
commission shall issue and cause to be served upon any person,	721
including the respondent against whom a complainant has filed a	722
charge pursuant to division (B)(1) of this section, a complaint	723
stating the charges involved and containing a notice of an	724
opportunity for a hearing before the commission, a member of the	725
commission, or a hearing examiner at a place that is stated in the	726
notice and that is located within the county in which the alleged	727
unlawful discriminatory practice has occurred or is occurring or	728
in which the respondent resides or transacts business. The hearing	729
shall be held not less than thirty days after the service of the	730
complaint upon the complainant, the aggrieved persons other than	731
the complainant on whose behalf the complaint is issued, and the	732
respondent, unless the complainant, an aggrieved person, or the	733
respondent elects to proceed under division (A)(2) of section	734
4112.051 of the Revised Code when that division is applicable. If	735
a complaint pertains to an alleged unlawful discriminatory	736
practice described in division (H) of section 4112.02 of the	737
Revised Code, the complaint shall notify the complainant, an	738
aggrieved person, and the respondent of the right of the	739
complainant, an aggrieved person, or the respondent to elect to	740
proceed with the administrative hearing process under this section	741
or to proceed under division (A)(2) of section 4112.051 of the	742
Revised Code.	743

(6) The attorney general shall represent the commission at	744
any hearing held pursuant to division (B)(5) of this section and	745
shall present the evidence in support of the complaint.	746

(7) Any complaint issued pursuant to division (B)(5) of this	747
section after the filing of a charge under division (B)(1) of this	748
section shall be so issued within one year after the complainant	749
filed the charge with respect to an alleged unlawful	750
discriminatory practice.	751

(C) Any complaint issued pursuant to division (B) of this	752
section may be amended by the commission, a member of the	753
commission, or the hearing examiner conducting a hearing under	754
division (B) of this section, at any time prior to or during the	755
hearing. The respondent has the right to file an answer or an	756
amended answer to the original and amended complaints and to	757
appear at the hearing in person, by attorney, or otherwise to	758
examine and cross-examine witnesses.	759

(D) The complainant shall be a party to a hearing under	760
division (B) of this section, and any person who is an	761
indispensable party to a complete determination or settlement of a	762
question involved in the hearing shall be joined. Any aggrieved	763
person who has or claims an interest in the subject of the hearing	764
and in obtaining or preventing relief against the unlawful	765
discriminatory practices complained of shall be permitted to	766
appear only for the presentation of oral or written arguments, to	767
present evidence, perform direct and cross-examination, and be	768
represented by counsel. The commission shall adopt rules, in	769
accordance with Chapter 119. of the Revised Code governing the	770
authority granted under this division.	771

(E) In any hearing under division (B) of this section, the	772
commission, a member of the commission, or the hearing examiner	773
shall not be bound by the Rules of Evidence but, in ascertaining	774
the practices followed by the respondent, shall take into account	775
all reliable, probative, and substantial statistical or other	776
evidence produced at the hearing that may tend to prove the	777
existence of a predetermined pattern of employment or membership,	778
provided that nothing contained in this section shall be construed	779
to authorize or require any person to observe the proportion that	780
persons of any race, color, religion, sex, military status,	781
familial status, national origin, disability, age, or ancestry	782
bear to the total population or in accordance with any criterion	783
other than the individual qualifications of the applicant.	784

(F) The testimony taken at a hearing under division (B) of	785
this section shall be under oath and shall be reduced to writing	786
and filed with the commission. Thereafter, in its discretion, the	787
commission, upon the service of a notice upon the complainant and	788
the respondent that indicates an opportunity to be present, may	789
take further testimony or hear argument.	790

(G)(1) If, upon all reliable, probative, and substantial	791
evidence presented at a hearing under division (B) of this	792
section, the commission determines that the respondent has engaged	793
in, or is engaging in, any unlawful discriminatory practice,	794
whether against the complainant or others, the commission shall	795
state its findings of fact and conclusions of law and shall issue	796
and, subject to the provisions of Chapter 119. of the Revised	797
Code, cause to be served on the respondent an order requiring the	798
respondent to cease and desist from the unlawful discriminatory	799
practice, requiring the respondent to take any further affirmative	800
or other action that will effectuate the purposes of this chapter,	801
including, but not limited to, hiring, reinstatement, or upgrading	802
of employees or domestic workers with or without back pay, or	803
admission or restoration to union membership, and requiring the	804
respondent to report to the commission the manner of compliance.	805
If the commission directs payment of back pay, it shall make	806
allowance for interim earnings. If it finds a violation of	807
division (H) of section 4112.02 of the Revised Code, the	808
commission additionally shall require the respondent to pay actual	809
damages and reasonable attorney's fees, and may award to the	810
complainant punitive damages as follows:	811

(a) If division (G)(1)(b) or (c) of this section does not	812
apply, punitive damages in an amount not to exceed ten thousand	813
dollars;	814

(b) If division (G)(1)(c) of this section does not apply and	815
if the respondent has been determined by a final order of the	816
commission or by a final judgment of a court to have committed one	817
violation of division (H) of section 4112.02 of the Revised Code	818
during the five-year period immediately preceding the date on	819
which a complaint was issued pursuant to division (B) of this	820
section, punitive damages in an amount not to exceed twenty-five	821
thousand dollars;	822

(c) If the respondent has been determined by a final order of	823
the commission or by a final judgment of a court to have committed	824
two or more violations of division (H) of section 4112.02 of the	825
Revised Code during the seven-year period immediately preceding	826
the date on which a complaint was issued pursuant to division (B)	827
of this section, punitive damages in an amount not to exceed fifty	828
thousand dollars.	829

(2) Upon the submission of reports of compliance, the	830
commission may issue a declaratory order stating that the	831
respondent has ceased to engage in particular unlawful	832
discriminatory practices.	833

(H) If the commission finds that no probable cause exists for	834
crediting charges of unlawful discriminatory practices or if, upon	835
all the evidence presented at a hearing under division (B) of this	836
section on a charge, the commission finds that a respondent has	837
not engaged in any unlawful discriminatory practice against the	838
complainant or others, it shall state its findings of fact and	839
shall issue and cause to be served on the complainant an order	840
dismissing the complaint as to the respondent. A copy of the order	841
shall be delivered in all cases to the attorney general and any	842
other public officers whom the commission considers proper.	843

(I) Until the time period for appeal set forth in division	844
(H) of section 4112.06 of the Revised Code expires, the	845
commission, subject to the provisions of Chapter 119. of the	846
Revised Code, at any time, upon reasonable notice, and in the	847
manner it considers proper, may modify or set aside, in whole or	848
in part, any finding or order made by it under this section.	849

Section 2.  That existing sections 4111.02, 4111.08, 4111.10,	850
4111.14, 4112.01, and 4112.05 of the Revised Code are hereby	851
repealed.	852

Section 3. The Director of Commerce shall prepare a report on	853
the feasibility and practicality of allowing domestic workers to	854
organize for purposes of collective bargaining. In preparing the	855
report, the Director shall consult with representatives of	856
domestic workers and individuals and agencies that employ domestic	857
workers, and with relevant state agencies including the State	858
Employment Relations Board. Upon completion of the report, and	859
prior to December 1, 2014, the Director shall submit the report	860
the Governor, the Speaker of the House of Representatives, and the	861
President of the Senate.	862